Legal Sanctions for Unauthorized Commercial Use of Faces and Names of Celebrities like BTS and Son Heung-min

[Asia Economy (Daejeon) Reporter Jeong Il-woong] Legal measures to protect the faces and names of celebrities will be established and enforced.

The Korean Intellectual Property Office (KIPO) announced that it will enforce the "Act on the Prevention of Unfair Competition and Protection of Trade Secrets" (hereinafter referred to as the Unfair Competition Prevention Act) starting from the 8th.

The Unfair Competition Prevention Act focuses on regulating the unauthorized use of the likenesses and names of celebrities such as BTS and Son Heung-min without their consent. The purpose is to prevent anyone from easily using the economic value of a celebrity’s face or name for commercial purposes.

Accordingly, from now on, widely recognized names, likenesses, voices, signatures, and other identifiers with economic value that can identify specific individuals will be legally protected in South Korea. Unauthorized use that infringes on another’s economic interests will be recognized as an act of unfair competition.

If economic damage occurs due to unauthorized use, the victim can claim damages and request prohibition of unfair competition acts. They can also apply for an administrative investigation to KIPO, which can then issue corrective recommendations and public announcements.

KIPO expects these measures to serve as a foundation for protecting the likenesses of celebrities, which have been cultivated through the investment and efforts of those working in the entertainment industry, reflecting the recent global attention on Hallyu content such as BTS, Squid Game, and Parasite.

Furthermore, the enforcement of this new law is expected to enable effective sanctions against unauthorized use of celebrities’ likenesses and names, as well as the sale of illegal merchandise.

Lee In-sil, Commissioner of KIPO, stated, “The Unfair Competition Prevention Act holds very special significance as it is the first time that explicit provisions for protecting publicity rights (the right to commercially use the economic value of one’s face, name, etc.) have been established,” adding, “We hope this new law will serve as an opportunity to further advance the Hallyu entertainment industry, which is expanding globally.”

This content was produced with the assistance of AI translation services.